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ON 


CRIMINAL   ABORTION; 


LECTURE  INTRODUCTORY 


TO  THE  COURSE  ON 


OBSTETRICS,  AND  DISEASES  OF  WOMEN  AND  CHILDREN. 

fniwrsihj  of  |ktt0tjlnnimtt 

SESSION  1854-5. 

BY 

HUGH  L.  HODGE,  M.  D. 


PHILADELPHIA: 

T.   K.  AND  P.   G.  COLLINS,   PRINTERS. 
1854. 


A 


At  a  meeting  of  the  Medical  Class  of  the  University  of  Pennsylvania,  held  Oct. 
16,  1854,  Mr.  William  Cook,  of  New  Jersey,  being  called  to  the  Chair,  and  Mr.  W. 
K.  Fort,  of  Alabama,  appointed  Secretary:  On  motion,  it  was  resolved  that  a 
Committee  be  appointed  to  carry  out  the  intention  of  the  meeting,  consisting  of 
one  from  each  State,  Province,  and  Country,  as  follows:  — 


G.  W.  L.  Carr, 
0.  T.  Hunt, 
Eder  Heston, 
S.  R.  Williams, 
Jos.  Jones, 
Zaccheus  Test, 
C.  B.  Talbutt, 
W.  T.  Miller, 
Bradly  Tyler, 
James  D.  Hewett, 
J.  Newton  Helm, 
Julian  Bates, 
A.  H.  Chandler, 


Alabama. 

Arkansas. 

Delaware. 

Florida. 

Georgia. 

Indiana. 

Kentucky. 

Louisiana. 

Maryland. 

Massachusetts. 

Mississippi. 

Missouri. 

New  Brunswick. 


Charles  Hodge,  Jr.,  New  Jersey. 
E.  C.  Coryell,  New  York. 

W.  T.  Macnair,  North  Carolina. 

Thomas  W.  Carritt,  Nova  Scotia. 


R.  A.  O'Brien, 

S.  Preston  Jones, 
J.  Brown  Gaston, 
R.  B.  Berry, 
Wm.  D.  Woodend, 
R.  D.  Mazarredo, 
Charles  Grebe, 


Ohio. 

Pennsylvania. 

South  Carolina. 

Tennessee. 

Virginia. 

Cuba. 

Germany. 


Augustus  T.  Stamm,  Prussia. 


CORRESPONDENCE. 

University  of  Pennsylvania, 
October  20,  1854. 
Dear  Sir  :  We,  the  undersigned,  have  been  deputed  by  the  Medical  Class  to  ask 
a  copy  of  your  Introductory  Lecture  for  publication.     This  task  we  cheerfully  per- 
form, and,  heartily  uniting  in  the  request, 

Remain  yours,  respectfully, 

Jos.  Jones, 
Julian  Bates, 
Wm.  T.  Macnair, 
James  D.  Hewett, 
Richard  A.  O'Brien. 
To  Dr.  H.  L.  HODGE. 


University  of  Pennsylvania, 
October  27,  1854. 

Gentlemen:  The  Introductory  Lecture  which  you,  on  the  part  of  the  Medical 
Class,  have  so  politely  requested  for  publication,  was  delivered  to  the  Class  of  1839, 
and  by  them  was  printed. 

The  subject  presented  is,  however,  of  so  much  practical  importance  to  the  moral 
character  of  the  community,  that  I  will  submit  it  once  more  for  publication,  in  an 
amended  condition,  under  the  hope  that  it  may,  in  some  degree,  rectify  erroneous 
and  prevalent  views,  as  to  the  value  of  the  life  of  the  "foetus  in  utero." 

With  thanks  for  your  politeness, 

Respectfully  yours, 

HUGH  L.  HODGE. 

Messrs.  Jos.  Jones,  Julian  Bates,  Wm.  T.  Macnair,  James  D.  Hewett,  Rich- 
ard A.  O'Brien,  Committee. 


INTRODUCTORY    LECTURE. 


GENTLEMEN  OF  THE  MEDICAL  CLASS: 

The  revolution  of  another  year  furnishes  the  Professors  of 
this  University  the  pleasure  of  witnessing  these  halls  crowded 
with  intelligent  and  cultivated  youth  from  all  portions  of  our 
extended  country. 

We  bid  you  welcome.  We  hail  you  as  the  devoted  and  enthu- 
siastic cultivators  of  a  science,  which,  however  difficult  and  com- 
plicated, deservedly  ranks  among  the  most  exalted  pursuits  to 
which  the  human  mind  can  be  devoted. 

The  science  of  medicine,  in  every  respect,  is  important  and 
elevated :  whether  we  regard  its  objects — the  health  and  lives  of 
human  beings;  its  cultivators — many  of  them  individuals  of  the 
first  talents  and  the  most  exemplary  morals ;  the  difficulties  of 
attainment — requiring  attention,  diligence,  perseverance,  self-de- 
nial, and  the  continued  exertion  of  mind  and  body  for  a  series  of 
years ;  or  the  amount  of  literary  and  scientific  knowledge  which 
it  imperiously  demands  for  its  proper  cultivation;  calling,  as  it 
does,  to  its  aid  all  sciences  and  all  knowledge ;  receiving  assist- 
ance from  the  Geologist,  who  surveys  the  earth  and  penetrates  its 
deepest  recesses ;  from  the  Astronomer,  who  walks  among  the 
stars  and  suns  of  other  systems;  from  the  Chemist,  who  deals 
with  atoms ;  and  from  the  Metaphysician,  who  attempts  to  grasp 
the  subtleties  of  mind,  and  elucidate  the  operations  of  our  spiritual 
existence.  The  superiority  of  our  profession  is  illustrated,  not 
only  by  the  talents  and  excellences  of  its  cultivators,  and  by  the 
variety  and  extent  of  the  knowledge  required,  but,  and  here  it 
dreads  no  comparison,  by  the  practical  benefits  which  it  con- 
stantly confers  on  the  community. 

It  is  not  my  present  object  to  portray  these  benefits.     If  time 


and   opportunity  allowed,  minute   and  interesting   illustrations 
might  easily  be  given  of  the  beneficial  influences  of  medicine. 
You  might  be  conducted  to  the  secret  chamber  of  suffering ;  to 
the  public  hospitals  overflowing  with  human  misery;  or  to  the 
battle-field,  that  aceldama,  that  field  of  blood,  where  the  ingenuity 
of  man  has  been  successfully  exercised  in  the  mutilation   and 
destruction  of  his  species ;  and  in  all,  and  each  of  these,  you  might 
witness  the  alleviation  or  the  relief  of  pain,  the  arrest  of  disease 
and  death,  the  returning  health,  and  strength,  and  beauty  which 
attend  the  scientific  and  experienced  physician,  and  which  pro- 
claim the  benevolent  and  beneficent  influences  of  the  healing  art. 
And  even  when  success  is  denied,  when  disease  and  death  prove 
conquerors,  and,  amidst  manifold  trials  and  suffering,  man  passes 
away  from  this  world  to  the  next,  how  divinely  does  the  medical 
practitioner  administer  comfort  to  mind  and  body !  how  greatly 
does  he  alleviate  suffering!  how  gently  does  he  support  his  con- 
fiding patient  to  the  borders  of  that  grave  from  which  he  would 
have  gladly  delivered  him. 

There  is,  however,  another  aspect  in  which  our  profession  is 
to  be  viewed,  which  has  not  been  sufficiently  regarded,  and  which 
enlarges,  even  to  an  indefinite  degree,  the  number  of  those  bless- 
ings of  which  it  is  so  prolific.  Allusion  is  made  to  its  capability 
of  preserving  health,  and  of  preventing  disease  and  death ;  in  other 
words,  to  hygiene. 

As  a  disciple  of  Hygiea,  the  physician  becomes  the  guardian 
of  the  health  and  lives  of  the  community.  He  takes  cogni- 
zance of  the  various  direct  and  indirect  causes  by  which  disease 
maybe  introduced  into  private  dwellings,  hospitals,  jails,  ships, 
armies,  cities,  and  countries;  he  points  out  the  jitvantia,  as  well 
as  the  Icedentia— what  will  benefit,  as  well  as  what  will  injure. 
He  discourses  scientifically,  as  well  as  ethically,  on  the  advantages 
of  temperance  in  meats  and  drinks;  on  the  influence  of  a  pure 
atmosphere;  on  the  importance  of  exercise,  whether  passive  or 
active,  in  the  city  or  the  country;  of  cleanliness,  of  bathing, 
clothing,  temperature,  &c. 

He  investigates  and  points  out  the  influence  of  the  mind  on  the 
body;  the  necessity  of  regulating  the  exercises  oi'  the  intellectual 
powers;  of  restraining  and  guiding  the  warm  affections  of  the 
heart;  of  checking  the  still  warmer  and  more  threatening  cbulli- 


tions  of  passion.  In  short,  everything  which  can  by  possibility 
injure  human  health  or  life,  becomes  the  subject  of  his  reflections, 
and  enables  him  to  proffer  advice  beneficial  to  society. 

Such  general  considerations  might  be  enlarged  upon  and  suit- 
ably illustrated ;  but  let  us,  for  the  present,  apply  them  to  that 
department  of  medical  science  which  I  have  the  honor  to  repre- 
sent in  this  University. 

The  science  of  Obstetrics  has  more  immediate  reference  to  the 
process  of  parturition  in  all  its  varieties,  whether  natural  or  unna- 
tural— simple  or  complicated. 

This  function  (for  it  is  truly  physiological,  belonging  to  healthy, 
not  diseased  actions)  is  by  far  the  most  complicated  and  danger- 
ous of  the  female  economy.  It  has  reference,  also,  not  merely  to 
the  act  of  delivery,  but  to  the  whole  period  of  gestation,  and  to 
the  condition  of  the  woman  for  some  time  after  parturition.  Of 
course  it  must  take  cognizance  of  the  temperaments  and  constitu- 
tions of  females;  of  their  peculiarities;  of  their  fitness,  or  even 
of  their  capability  to  bear  children ;  and  how  far  this  capability 
is  injured  or  destroyed  by  prior  disease  or  accident. 

Obstetrics,  moreover,  is  distinguished  by  the  interesting  fact 
that  the  welfare  of  two  individuals  is  involved  in  every  case  of 
pregnancy  and  parturition.  Hence  the  practitioner  of  Obstetrics 
has  his  duties  and  responsibilities  necessarily  enlarged.  He  must 
regard  the  infant,  as  well  as  the  mother,  from  the  period  of  con- 
ception to  delivery;  and  generally  is  called  upon  to  be  its  medical 
attendant  during  the  first  few  weeks  or  months  of  its  independent 
existence. 

Hence,  the  diseases  of  women  and  infants  are  usuall}r  commit- 
ted more  exclusively  to  his  care ;  and,  in  accordance  with  the 
views  just  presented  of  the  duties  of  the  medical  practitioner,  he 
must  call  on  all  the  faculties  of  his  mind,  all  the  resources  of  his 
knowledge  and  experience,  to  prevent  as  well  as  cure  their  dis- 
eases ;  yea,  at  all  times,  and  on  all  occasions,  to  watch  over  their 
physical  interests,  that  life  and  health  may  be  preserved,  and 
every  corporeal  faculty  be  perfectly  developed.  He  appears  as 
the  'physical  guardian  of  women  and  their  offspring. 

Under  this  representation  of  the  subject,  the  elevated  character 
and  the  immense  importance  of  obstetric  science  to  the  welfare  of 
a  community,  must  at  once  be  apparent.     On  former  occasions,  I 


have  urged  this  subject  on  the  attention  of  my  pupils ;  alluding 
to  the  past  and  present  unaccountable  neglect  of  this  branch  of 
medical  science,  and  insisting  on  its  inherent  superiority  and  its 
practical  bearings.  I  endeavored  to  exhibit  these  truths,  by 
pointing  out  the  physical  and  intellectual  character  of  the  female 
sex;  noticing  the  peculiarity  of  her  anatomical  and  physiological 
developments ;  dwelling  on  the  influence  which  she  exerts  over 
her  progeny  at  conception,  during  its  embryotic  and  foetal  exist- 
ence, and  especially  during  the  susceptible  periods  of  infancy  and 
childhood,  when  man,  by  the  admirable  arrangements  of  Provi- 
dence, is  committed  almost  exclusively  to  the  superintendence  of 
woman.  Add  to  this  the  influence,  almost  unbounded,  which  in 
future  life  she  exerts  over  man,  her  nominal  lord,  by  her  beauty 
and  grace,  her  sprightliness  and  wit,  and  especially  by  the  depth 
and  devotedness  of  her  affections. 

It  was  maintained  that  woman  requires  assistance  in  childbirth, 
as  accidents  may,  at  any  mc^nent,  occur,  involving  the  life  of 
mother  or  child,  or  of  both;  that  this  truth  was  not  nullified  by 
the  fact  that  females  often  deliver  themselves  safely,  and  that  the 
inferior  order  of  animals  have  usually  favorable  labors. 

It  was  shown  that  there  are  important  anatomical,  physiological, 
and  moral  reasons,  why  parturition  in  the  human  female  should 
be  more  difficult  and  dangerous  than  among  animals  of  an  inferior 
grade;  and  it  was  also,  I  may  say,  demonstrated  that  dangerous 
and  often  fatal  complications  of  labor  arise  from  anatomical  pecu- 
liarities of  mother  or  child,  from  irregular  or  perverted  states,  or 
disturbances  of  her  physiological  functions  ;  and  especially  from 
the  existence  of  local  or  general  disease. 

Hence  the  absolute  necessity  of  the  science  and  practice  of 
obstetrics  to  detect  these  dangers,  and  to  protect  and  preserve  a 
being  so  wonderfully  constructed,  so  beautiful,  so  interesting,  so 
moral,  so  intellectual,  and  so  influential  for  good  over  the  best 
interests  of  man,  and  over  the  destinies  of  nations,  as  woman,  "  the 
last,  best  gift  of  Heaven  to  man." 

But,  however  important  and  valuable,  however  good  and  excel- 
lent a  mother  must  be  regarded,  we  must  not  forget  her  offspring, 
in  the  various  stages  of  its  existence,  from  the  moment  of  its  con- 
ception to  delivery,  and  from  birth  to  the  full  development  of  its 
physical  and  moral  nature. 


9 

In  a  most  mysterious  manner  brought  into  existence,  how  won- 
derful its  formation!  Imperfect  in  the  first  instance,  yea,  even 
invisible  to  the  naked  eye,  the  embryo  is  nevertheless  endowed, 
at  once,  with  the  principles  of  vitality;  and,  although  retained 
within  the  system  of  its  mother,  it  has,  in  a  strict  sense,  an  inde- 
pendent existence.  It  immediately  manifests  all  the  phenomena 
of  organic  life ;  it  forms  its  own  fluids,  and  circulates  them ;  it  is 
nourished  and  developed ;  and,  very  rapidly,  from  being  a  rudes 
indigestdaue  moles,  apparently,  an  inorganic  drop  of  fluid,  its  organs 
are  generated  and  its  form  perfected.  It  daily  gains  strength  and 
grows ;  and,  wnile  still  within  the  organ  of  its  mother,  manifests 
some  of  the  phenomena  of  animal  life,  especially  as  regards  mo- 
bility. After  the  fourth  month  its  motions  are  perceptible  to  the 
mother,  and  in  a  short  period  can  be  perceived  by  other  indivi- 
duals on  due  investigation. 

From  certain  facts,  it  is  also  inferred  that  the  foetus  has  percep- 
tion in  utero,  the  sense  of  tact ;  and,  moreover,  that  at  this  time 
it  has  its  organs,  relating  to  animal  life,  in  such  a  state  that  they 
will  act  when  they  meet  with  their  appropriate  stimuli.  Hence, 
children  born  during  either  of  the  last  three  months  of  utero-ges- 
tation,  very  generally  survive:  their  brain,  nerves,  and  senses 
being  sufficiently  developed  to  receive  without  injury  appropriate 
impressions  from  natural  stimuli.     It  is  a  living  being. 

Moreover,  facts,  in  great  numbers,  can  readily  be  produced,  which, 
positively  prove  that  there  is  no  direct  communication  between  the 
foetus  (even  in  its  earliest  embryotic  and  most  imperfect  state),  and 
the  mother  whose  organs  contain  it.  Surrounded  by  fluids  and 
membranes,  it  derives  from  its  mother  the  materials  for  support 
and  growth,  and  a  nidus,  or  spot,  where  it  shall  be  protected  from 
physical  injury.  Similar  to  the  chicle  in  ovo,  it  is,  therefore,  not 
only  a  living,  but  an  independent  being;  and,  as  it  will  be  univer- 
sally acknowledged  that  the  father  has  no  influence  over  his  off- 
spring after  the  moment  of  conception,  the  same  is  true  as  regards 
the  mother.  All  the  peculiarities  which  a  mother  impresses  on  her 
offspring  (and  they  are  numerous  and  wonderful)  are  imparted  at 
or  before  the  moment  of  conception,  by  means  of  the  original  germ 
formed  in  her  ovary.  The  embryo  thus  generated  by  germs  from 
each  parent  has  henceforth  an  independent  existence.  As  regards 
its  vital  properties,  it  is  as  perfect  as  it  ever  will  be;  its  subsequent 


10 

nutrition,  growth,  susceptibilities,  are  but  the  successive  manifes- 
tations of  these  vital  properties.  As  the  acorn,  removed  from  the 
towering  oak,  and  dropped  into  the  earth,  is  capable  of  vegetating 
and  producing,  in  due  time,  under  favorable  circumstances,  by  its 
own  inherent  powers,  another  oak,  similar  in  size  and  grandeur  to 
that  from  which  the  acorn  fell ;  so  the  embryo,  by  its  own  innate 
vital  properties,  received  at  the  moment  of  fecundation,  is  gradu- 
ally developed  in  utero,  from  its  incipient  state  of  existence  (punc- 
tum  saliens)  to  that  of  the  perfect  foetus  at  the  full  period  of  utero- 
gestation.  Physiologically,  therefore,  the  infant  after  birth,  while 
deriving  all  its  nourishment  and  means  of  support  from  the  breasts 
of  its  mother,  cannot  be  regarded  as  more  independent  than  the 
foetus  in  utero.  The  child  unborn  absorbs  nourishment  from  its 
parent  through  the  medium  of  the  uterus.  After  birth,  it  imbibes 
the  materials  for  nutrition  by  means  of  the  mammas,  or  breasts. 
There  is  essentially  no  difference  in  its  physiological  properties, 
or  as  to  the  independent  character  of  its  existence,  whether  it 
remains  in  the  uterus  or  is  supported  by  the  mother  out  of  the 
uterus. 

The  observations  now  made  are  applicable  to  all  animated 
beings,  to  plants  and  animals,  to  the  lower  and  higher  orders  of 
vital  existences;  but  we  must  bear  in  mind  the  trite  adage,  that 
"  like  produces  like ;"  that  the  offspring  resembles  the  parent  in 
all  essential  points.  Hence,  the  human  embryo  is  to  be  regarded, 
not  merely  as  representing  the  animal  existence  of  its  parents, 
but  as  possessing  an  intellectual  and  moral  nature.  AVonderful 
as  is  the  formation  of  the  body  of  the  foetus,  with  all  its  suscepti- 
bilities, with  its  organic  and  animal  life;  still  more  mysterious  is 
the  transmission  of  an  intellectual,  moral,  yea,  a  spiritual  nature 
from  parent  to  child. 

Of  this,  there  can  be  no  reasonable  doubt.  As  the  infant  grows, 
it  speedily  manifests  intelligence  and  moral  feelings.  It  thinks, 
it  reasons,  it  acts  under  the  influence  of  its  thoughts  and  its  moral 
perceptions,  as  they  arc  successively  developed.  Whose  observa- 
tion has  been  so  obtuse,  as  not  to  observe  the  mental  characteris- 
tics of  the  father  or  the  mother  in  the  child;  in  its  modes  of 
thinking,  feeling,  speaking,  moving;  yea,  in  the  very  expression 
of  its  countenance,  and  the  peculiar  attitudes  and  motions  of  its 
body.    Who  has  not  noticed  the  transmission,  from  generation  to 


11 

generation,  of  certain  peculiarities  of  mental  and  moral  character 
in  families;  so  decided  a  transmission  as  not  to  be  destroyed  even 
by  constant  intermarriages. 

The  child,  therefore,  must,  and  does  receive  an  intellectual,  a 
spiritual  existence  from  its  parents — from  both  parents.  The  in- 
fluences of  one  modifying  those  of  the  other ;  sometimes  those  of 
the  father — sometimes  those  of  the  mother,  preponderating. 

It  is  not,  therefore,  a  mere  brute,  to  enjoy  its  vegetative  and 
animal  existence;  to  be  governed  by  its  sensations  and  in- 
stincts ;  to  live  as  its  progenitors  lived,  and  die  as  they  died.  ISTo, 
it  is  a  human  being;  it  has  its  animal  nature;  it  has  its  spiritual 
existence.  It  is  capable  of  thought,  of  reflection ;  it  has  a  per- 
ception of  that  which  is  beautiful,  of  that  which  is  right — of  that 
which  is  wrong,  of  virtue  and  vice.  It  has  a  moral  nature ;  a 
conscience;  its  mind  and  heart  are  capable  of  steady,  of  perma- 
nent improvement;  it  has  high  intellectual  and  moral  aspirations. 
It  is  not  satisfied  with  the  past  or  the  present.  It  stretches  its 
views,  its  desires,  through,  yea,  beyond  this  lower  world ;  it  pene- 
trates the  very  heavens  in  its  restless  activity,  and  rejoices  in  the 
hope  that  there  it  shall  find  nobler  and  purer  spirits,  in  whose 
companionship  its  now  insatiable  desires  may  possibly  be  satis- 
fied. It  knows  and  feels  its  spiritual  existence,  and  that  this  exist- 
ence is  capable  of  infinite  improvement,  and  of  infinite  duration. 

When,  however,  does  this  m}rstical  union  between  the  animal 
and  spiritual  nature  of  the  human  being  occur?  Is  it  at  the  time 
of  birth;  at  quickening  in  utero,  or  at  the  time  of  conception? 

Here  the  imagination  of  man  has  been  very  busy.  Vain  specu- 
lations have  existed  as  to  the  moral  nature ;  yea,  even  as  to  the 
great  question  of  the  moral  accountability  of  unborn  children. 
The  medical  philosopher,  or  rather  metaphysician  (for  the  bounda- 
ries of  true  philosophy  have  been  transgressed),  and  also  the 
professed  theologian,  have  given  reins  to  their  imagination,  and 
speculated  freely  as  to  the  question,  when  does  the  union  occur 
between  the  soul  and  body,  between  our  corporeal  and  spiritual 
natures  ?  This  has  been  regarded,  also,  as  involving  the  question 
of  the  perfect  vitality  of  the  foetus,  as  prior  to  this  union  it  (the 
foetus)  was  considered  by  many  inanimate,  or  at  best,  but  a  por- 
tion of  the  mother,  pars  main's  viscernm.  After  the  junction,  it 
was  regarded  as  a  perfect  human  being;  possessing  a  moral,  as 


12 

well  as  a  physical  character.  On  this  subject,  there  are,  and  have 
been,  many  extravagances.  Hippocrates  supposed  animation  oc- 
curred from  thirty  to  forty-two  days  after  conception.  The  Stoics, 
on  the  contrary,  maintained  that  there  was  no  proper  or  perfect 
vitality  until  after  birth,  and  the  establishment  of  respiration. 
The  Academicians  maintained  that  life  was  imparted  during 
gestation,  and  hence,  even  the  Church  of  Eome  speaks  of  animate 
and  inanimate  foetuses.  According  to  some,  this  animation  oc- 
curred in  three  days ;  according  to  others,  in  seven  days ;  accord- 
ing to  others,  at  the  fortieth  or  sixtieth  day,  when  the  pullulation, 
or  organization  of  the  foetus  was  completed. 

The  usual  impression,  and  one  which  is  probably  still  main- 
tained by  the  mass  of  the  community,  is  that  the  embryo  is  per- 
fected at  the  period  of  quickening;  say  the  one  hundred  and 
twelfth,  or  one  hundred  and  twentieth  day.  When  the  mother  first 
perceives  motion,  is  considered  the  period  when  the  foetus  be- 
comes animated ;  when  it  receives  its  spiritual  nature  into  union 
with  its  corporeal. 

These,  and  similar  suppositions  are,  as  has  been  already  shown, 
contrary  to  all  fact,  to  analogy,  to  reason ;  and  if  it  were  not  for 
the  high  authorities,  medical,  legal,  and  theological,  in  opposition, 
we  might  add,  to  common  sense. 

What,  it  may  be  asked,  have  the  sensations  of  the  mother  to 
do  with  the  vitality  of  the  child?  Is  it  not  alive  because  the 
mother  does  not  feel  it  ?  Every  practitioner  of  Obstetrics  can 
bear  witness  that  children  live  and  move  and  thrive  long  before 
the  mother  is  conscious  of  its  existence ;  and  that  women  have 
carried  healthy  living  children  to  the  seventh,  and  even  to  the  ninth 
month  without  being  conscious  of  its  motions.  Moreover,  how 
can  a  fcetus  be  termed  inanimate  when  it  grows,  of  course  is 
nourished,  and  manifests  all  the  phenomena  of  life?  The  sup- 
position of  inanimate  embryos  capable  of  being  developed,  is,  at 
the  present  da}r,  an  absurdity.  From  the  moment  of  conception 
it  must  be  alive,  for  immediately  it  begins  to  be  developed ;  it  is 
separated,  as  you  will  hereafter  learn,  from  the  ovary,  where  it 
was  generated,  and  travels,  some  three  or  four  inches,  through  a 
narrow  tube  or  canal,  to  the  uterus,  as  much  disconnected  from 
the  mother  as  the  chick  in  ovo  is  separated  from  the  parent  hen. 
Its  subsequent  attachments  to  the  mother,  by  means  of  the  pla- 


13 

centa  and  uterus,  are  so  indirect  (as  will  be  hereafter  demon- 
strated), that  we  are  justified  in  asserting  that  the  mother  has 
little  more  influence  upon  the  child  in  utero  than  the  parent  bird 
has  upon  its  offspring  in  the  egg. 

If  the  question,  therefore,  be  returned  upon  us,  when  does  that 
mystical  union  between  our  corporeal  and  spiritual  nature,  be- 
tween matter  and  spirit,  body  and  soul  occur?  We  answer,  at 
the  time  of  conception:  It  is  then  only,  the  father  can,  in  any  way, 
exert  an  influence  over  his  offspring;  it  is  then  only  the  female 
germ  is  in  direct  union  with  the  mother ;  the  connection  after- 
wards is  indirect  and  imperfect.  To  suppose  that  the  body  only 
is  generated  at  conception,  and  that  the  spirit  is  subsequently 
added,  is,  in  the  absence  of  all  direct  revelation  on  the  subject, 
philosophically  untrue,  being  at  variance  with  the  facts  and  with 
reason,  as  has  already  been  illustrated  and  enforced. 

I  have  been  led  into  this  discussion,  gentlemen,  rather  further 
than  I  anticipated,  but  not  further  than  its  importance  demands. 
It  is,  in  all  respects,  interesting  and  important.  The  opinions  of 
medical  men  on  these  subjects  regulate  public  sentiment,  govern 
the  tribunals  of  justice,  and  influence  even  the  minds  of  the  mental 
philosopher  and  the  scrutinizing  theologian.  As  respects  the 
subject  of  the  vitality  of  the  foetus  in  utero,  unfortunately,  the  in- 
considerate speculations  of  physiologists  have  become  the  founda- 
tion on  which  legislators  have  constructed  laws,  and  the  moralist 
promulgated  rules,  regulating  human  sentiments  and  conduct,  on 
the  interesting  and  important  subjects  of  abortion  or  premature 
labor.  If  the  embryo  and  foetus  be,  as  the  Stoics  supposed,  merely 
portio  mains  viscerum  ;  if  it  be  not  possessed  of  a  sentient  princi- 
ple, a  living  soul,  until  the  period  of  actual  delivery,  then  all 
attempts  to  procure  abortion  or  premature  labor,  to  destroy  the 
embryo  or  foetus  in  utero,  are  comparatively  venial.  Instead  of 
being  regarded  as  a  crime  of  the  darkest  dye,  a  crime  involving 
human  life,  human  happiness,  and  the  best  interests  of  society,  it 
is  a  mere  "misdemeanor"  hardly  to  be  noticed  or  punishable  in  the 
slightest  manner.  Hence,  most  of  the  ancient  and  modern  laws 
do  not  protect  the  foetus  in  utero  on  the  principle  of  an  independ- 
ent existence.  They  merely  regard  the  attempt  to  destroy  it  as 
an  injury  to  the  mother,  to  be  punished  according  to  the  kind  and 
decree  of  injury  thus  inflicted  on  the  parent.     About  the  year 


14 

692,  a  very  different  sentiment  was  promulgated  and  supported 
in  the  Roman  Empire ;  so  that,  by  a  council  and  decree  of  the 
Emperor,  the  procuring  of  an  abortion  was  homicide — murder — to 
be  punished  with  death. 

"  In  France,  the  Roman  law  was  adopted,  and  the  parliaments 
frequently  condemned  midwives  to  be  hanged  for  procuring  the 
abortion  of  girls ;  and  physicians,  surgeons,  and  others  guilty  of 
this  crime,  were  subjected  to  the  same  punishment."* 

This  continued  until  the  period  of  the  Revolution,  when  the 
punishment  of  death  was  transmuted  to  imprisonment  for  twenty 
years;  and  by  the  Napoleon  Code,  in  1810,  the  degree  of  punish- 
ment was  still  further  lessened. 

In  England,  the  "common  law"  (which  is  also  adopted  by  the 
tribunals  of  justice  in  our  country),  as  laid  down  by  the  celebrated 
Blackstone,  is  founded,  as  regards  this  subject,  on  the  erroneous 
and  still  prevalent  idea  that  the  foetus,  prior  to  quickening,  is  in 
a  different  state  than  it  is  when  this  event  has  occurred.  Hence 
the  English  law  does  not  even  notice  the  crime  of  procuring  abor- 
tion before  quickening ;  and  even  after  this  epoch,  affirms  that  it 
is  not  murder  but  a  serious  misdemeanor.  In  rerum  natura  non, 
"killing  is  no  murder." 

The  good  sense  and  virtuous  feelings  of  the  English  nation 
have,  however,  interposed  direct  statutes  to  supply  this  deficiency 
of  the  common  law.  By  the  Ellenborough  Act,  under  George 
the  Third,  in  1803,  it  was  ordained  that  the  procuring  of  an  abor- 
tion of  a  female  not  quick  with  child,  is  felony,  to  be  punished  by 
fine,  imprisonment,  or  exposure  in  the  pillory,  or  that  the  criminal 
may  be  publicly  or  privately  whipped  or  transported  beyond  the 
sea  for  any  term  not  exceeding  fourteen  years.  The  same  act  also 
declares  that  to  procure  abortion  after  quickening  is  murder,  to  be 
punishable  with  death.  This  was  afterwards  modified  by  an  act 
under  George  the  Fourth.  Lately,  under  Her  Majesty,  Queen 
Victoria,  the  whole  subject  has  been  revised,  and  more  correct 
legislation  has  ensued,  protecting  the  foetus  from  the  time  of  con- 
ception, drawing  no  distinction  whether  the  mother  be  quick  with 
child  or  not.  By  the  present  law,  therefore,  of  England,  the  pro- 
curing of  abortion,  at  any  period  of  preguancy,  is  felony,  to  be 

*  Beck,  Med.  Jump.  vol.  i.  p.  275. 


15 

punished  by  transportation  for  fifteen  }rears,  or  for  life,  or  by  im- 
prisonment for  three  years. 

In  our  own  country,  this  important  subject  has,  most  strangely, 
escaped  the  notice  of  our  innumerable  legislators.  There  has  been 
but  little  legislation  on  the  subject.  "We  are  governed  by  the 
"  common  law"  of  England  in  this  respect.  Hence,  criminal  abor- 
tion is  regarded  merely  as  a  misdemeanor,  punishable  by  fine  and 
imprisonment.  In  Massachusetts,  it  is  not  even  an  indictable 
offence,  prior  to  quickening.  At  common  law,  it  is  not  punish- 
able at  all,  if  done  before  quickening,  and  with  the  consent  of  the 
mother.  The  State  of  New  York  has,  however,  been  aroused 
from  this  indifference  to  human  life,  and  has  presented  a  better 
example  to  her  confederates  in  our  Federal  Union.  By  her  re- 
vised statutes,  criminal  abortion,  before  quickening,  is  punishable 
by  a  fine  not  exceeding  five  hundred  dollars,  and  imprisonment 
for  one  year.  If  the  woman  be  quick,  then  it  is  punishable  as 
manslaughter  in  the  second  degree. 

We  trust  this  is  the  commencement  of  better  things,  and 
that  our  various  legislators  will,  in  rapid  succession,  enact  laws 
with  suitable  penalties,  founded  on  correct  philosophical  views  of 
the  reality  and  importance  of  the  life  of  the  child  in  utero ;  that 
it  is  truly  a  perfect  human  being,  and  that  its  criminal  destruction 
is  murder. 

It  ought,  however,  to  be  added  that,  by  the  common  law,  if  the 
mother  perish  in  consequence  of  an  attempt  to  destroy  the  pro- 
duct of  conception,  the  perpetrator  of  this  barbarous  act  is  regarded 
as  a  murderer,  although  he  had  no  intention  to  injure  the  parent. 
Judge  King,  of  this  city,  in  a  charge  delivered  to  a  jury,  on  a 
trial  for  murder  of  the  mother,  caused  by  procuring  abortion, 
declares  that,  at  "common  law,"  the  crime  is  murder.  "Every  act 
of  procuring  abortion,"  he  says,  "  is  murder,  whether  the  person 
perpetrating  such  act  intended  to  kill  the  woman,  or  merely  felo- 
niously to  destroy  the  fruit  of  her  womb."  The  procuring  abor- 
tion is  "  a  base  and  unmanly  act ;"  it  is  a  crime  against  the  natural 
feelings  of  man — against  the  welfare  and  safety  of  females — against 
the  peace  and  prosperity  of  society — against  the  divine  command 
—"Thou  shalt  not  kill."     It  is  murder. 

It  is  in  vain  to  evade  this  conclusion.  As  far  as  human  inves- 
tigation has  gone,  or  probably  ever  will  go,  in  penetrating  the 


16 

mysterious  function  of  generation ;  as  far  as  the  light  of  reason, 
or  the  torch  of  Revelation  has  elucidated  the  subject ;  there  can 
be  no  reasonable  doubt  that  human  existence,  corporeally  and 
spiritually,  commences,  not  with  the  birth  of  the  foetus  and  the 
first  inspiration,  but  at  conception ;  when  the  germs  furnished  by 
both  parents  are  quickened  into  life. 

Nutrition,  growth,  the  development  of  organs,  the  successive 
display  of  organic,  animal,  intellectual,  moral,  and  spiritual  func- 
tions, are  but  the  successive  manifestations  of  that  mysterious 
principle  of  life,  the  gift  of  the  Creator,  which,  feeble  as  it  may 
be  when  first  exerted  within  the  dark  impenetrable  recesses  of 
the  mother's  system,  daily  and  hourly  gains  strength  and  energy, 
continually  developing  new  organs  and  new  functions,  until,  under 
its  plastic  and  reviving  influences,  the  invisible  product  of  con- 
ception is  developed,  grows,  passes  through,  the  embryotic  and 
foetal  stages  of  existence,  appears  as  the  breathing  and  lovely 
infant,  the  active,  the  intelligent  boy,  the  studious  and  moral 
youth,  the  adult  man,  rejoicing  in  the  plenitude  of  his  corporeal 
strength  and  intellectual  powers,  capable  of  moral  and  spiritual 
enjoyments ;  and  finally,  in  this  world,  as  the  aged  man,  whose 
system  is  preparing  for  new  transformations,  which,  however 
humbling  they  may  at  first  appear  to  the  pride  of  man,  and  how- 
ever apparently  destructive  to  his  corporeal  and  intellectual  exist- 
ence, are  but  the  precursors  of  that  glorious  change,  when,  as 
Revelation  teaches,  "  these  natural  bodies  shall  become  spiritual 
bodies,"  "when  this  corruptible  shall  put  on  incorruption,"  when 
changes  will  be  effected  infinitely  greater  and  more  mysterious 
than  occur  at  conception,  and  during  gestation,  and  when  it  will 
be  found  that  the  existence  commenced  in  the  ovary  of  a  woman, 
mysterious  and  wonderful  as  it  may  be,  is  but  the  commencement 
of  a  series  of  changes,  each  more  wonderful  and  glorious  than  its 
predecessor,  to  which  the  same  identical  human  being  will  be  sub- 
jected, perhaps  for  eternity. 

These  simple  truths,  almost  self-evident,  and  which  might  be 
easily  deduced  from  a  priori  reasoning,  have  been  strangely  ne- 
glected by  medical  men,  and  of  course  by  legislators,  moralists, 
and  other  influential  individuals,  who  give  tone  to  the  feelings  of 
society. 

We  need  not  wander  far  for  proofs  of  this  assertion.     The 


17 

history  of  almost  every  nation  is  blackened  by  the  hideous, 
unnatural  crime  of  infanticide. 

You  have  all  read  of  the  horrible  sacrifices  of  infants  among 
barbarous  nations,  to  appease  or  propitiate  their  idol  gods.  You 
know  that  Greeks  and  Romans,  with  all  their  boasted  wisdom 
and  refinement,  habitually  exposed  their  infants  to  the  most  ter- 
rible deaths ;  that  this  crime  is  not  forgotten  in  modern  times ; 
that  among  nations,  deprived  of  the  light  of  Christianity,  the 
sacrifices  and  the  wanton  destruction  of  infants  still  prevail, 
whether  we  extend  our  view  to  Asia,  Africa,  or  America,  or  the 
islands  of  the  sea. 

Criminal  abortion  is  almost  as  prevalent.  Hippocrates,  the 
father  of  medicine,  alludes  to  the  potions  taken  by  wicked  women, 
or  administered  by  still  more  wicked  and  detestable  men,  to  pro- 
cure delivery.  The  females  of  Rome  have  their  depravity,  in 
this  respect,  recorded  on  a  monument,  perennius  cere,  the  Satires 
of  Juvenal. 

Would,  gentlemen,  that  we  could  exonerate  the  modems  from 
guilt  on  this  subject!  It  is,  however,  a  mournful  fact,  which 
ought  to  be  promulgated,  that  this  crime,  this  mode  of  commit- 
ting murder,  is  prevalent  among  the  most  intelligent,  refined, 
moral,  and  Christian  communities. 

We  blush,  while  we  record  the  fact,  that  in  this  country,  in  our 
cities  and  towns,  in  this  city,  where  literature,  science,  morality, 
and  Christianity  are  supposed  to  have  so  much  influence ;  where 
all  the  domestic  and  social  virtues  are  reported  as  being  in  full 
and  delightful  exercise;  even  here  individuals,  male  and  female, 
exist,  who  are  continually  imbruing  their  hands  and  consciences 
in  the  blood  of  unborn  infants ;  yea,  even  medical  men  are  to  be 
found,  who,  for  some  trifling  pecuniary  recompense,  will  poison 
the  fountains  of  life,  or  forcibly  induce  labor,  to  the  certain 
destruction  of  the  foetus,  and  not  unfrequently  of  its  parent. 

So  low,  gentlemen,  is  the  moral  sense  of  the  community  on  this 
subject;  so  ignorant  are  the  greater  number  of  individuals,  that 
even  mothers,  in  many  instances,  shrink  not  from  the  commission 
of  this  crime,  but  will  voluntarily  destroy  their  own  progeny,  in 
violation  of  every  natural  sentiment,  and  in  opposition  to  the 
laws  of  God  and  man.  Perhaps  there  are  few  individuals,  in 
extensive  practice  as  obstetricians,  who  have  not  had  frequent 
2 


18 

applications  made  to  them  by  the  fathers  or  mothers  of  unborn 
children  (respectable  and  polite  in  their  general  appearance  and 
manners),  to  destroy  the  fruit  of  illicit  pleasure,  under  the  vain 
hope  of  preserving  their  reputation  by  this  unnatural  and  guilty 
sacrifice. 

Married  women,  also,  from  the  fear  of  labor,  from  indisposition 
to  have  the  care,  the  expense,  or  the  trouble  of  children,  or  some 
other  motive  equally  trifling  and  degrading,  have  solicited  that 
the  embryo  should  be  destroyed  by  their  medical  attendant.  And 
when  such  individuals  are  informed  of  the  nature  of  the  trans- 
action, there  is  an  expression  of  real  or  pretended  surprise  that 
any  one  should  deem  the  act  improper — much  more  guilty ;  yea, 
in  spite  even  of  the  solemn  warning  of  the  physician,  they  will 
resort  to  the  debased  and  murderous  charlatan,  who,  for  a  piece 
of  silver,  will  annihilate  the  life  of  a  foetus,  and  endanger  even 
that  of  its  ignorant  or  guilty  mother. 

This  low  estimate  of  the  importance  of  foetal  life  is  by  no 
means  restricted  to  the  ignorant,  or  to  the  lower  classes  of  so- 
ciety. Educated,  refined,  and  fashionable  women — yea,  in  many 
instances,  women  whose  moral  character  is,  in  other  respects, 
without  reproach ;  mothers  who  are  devoted,  with  an  ardent  and 
self-denying  affection,  to  the  children  who  already  constitute  their 
family,  are  perfectly  indifferent  respecting  the  foetus  in  utero. 
They  seem  not  to  realize  that  the  being  within  them  is  indeed 
animate — that  it  is,  in  verity,  a  human  being — body  and  spirit ; 
that  it  is  of  importance,  that  its  value  is  inestimable,  having  refer- 
ence to  this  world  and  the  next.  Hence,  they  in  every  way 
neglect  its  interests.  They  eat  and  drink ;  they  walk  and  ride ; 
they  will  practise  no  self-restraint,  but  will  indulge  every  caprice, 
every  passion,  utterly  regardless  of  the  unseen  and  unloved  em- 
bryo. They  act  with  as  much  indifference  as  if  the  living,  intel- 
ligent, immortal  existence  lodged  within  their  organs,  were  of  no 
more  value  than  the  bread  eaten,  or  the  common  excretions  of 
the  system.  Even  in  cases  where  mothers  have  suffered  from 
repeated  abortions,  where  foetus  after  foetus  has  perished  through 
their  neglect  or  carelessness,  and  where  even  their  own  health  is 
involved  in  the  issue,  even  in  such  cases  every  obstetrician  can 
bear  testimony  to  the  groat  difficulty  of  inducing  our  wayward 
patients  to  forego  certain  gratifications,  to  practise  certain  self- 


19 

denials,  and  to  adopt  efficient  means  for  the  salvation  of  the 
child. 

This  is  not  all.  "We  can  bear  testimony,  that,  in  some  instances, 
the  woman  who  has  been  well  educated,  who  occupies  high 
stations  in  society,  whose  influence  over  others  is  great,  and  whose 
character  has  not  been  impugned,  will  deliberately  resort  to  any 
and  every  measure  which  may  effectually  destroy  her  unborn 
offspring.  Ashamed,  or  afraid,  to  apply  to  the  charlatan,  who 
sustains  his  existence  by  the  price  of  blood,  dreading  it  may  be 
publicity,  she  recklessly  and  boldly  adopts  measures,  however 
severe  and  dangerous,  for  the  accomplishment  of  her  unnatural, 
her  guilty  purpose.  She  will  make  extra  muscular  efforts  by 
long  fatiguing  walks,  by  dancing,  running,  jumping,  kept  up  as 
long  as  possible;  she  will  swallow  the  most  nauseous,  irritating, 
and  poisonous  drugs,  and  in  some  instances,  will  actually  arm 
herself  with  the  surgeon's  instrument,  and  operate  upon  her  own 
body,  that  she  may  be  delivered  of  an  embryo,  for  which  she  has 
no  desire,  and  whose  birth  and  appearance  she  dreads. 

These  facts  are  horrible,  but  they  are  too  frequent,  and  too 
true.  Often,  very  often,  must  all  the  eloquence  and  all  the 
authority  of  the  practitioner  be  employed;  often  he  must,  as  it 
were,  grasp  the  conscience  of  his  weak  and  erring  patient,  and  let 
her  know,  in  language  not  to  be  misunderstood,  that  she  is  re- 
ponsible  to  her  Creator  for  the  life  of  the  being  within  her. 

After  this  exposition,  and  the  details  which  have  been  given, 
and  especially  in  view  of  the  influence  which  medical  science 
must  exert  on  these  questions,  it  seems  hardly  necessary  to  repeat, 
that  physicians,  medical  men,  must  be  regarded  as  the  guardians 
of  the  rights  of  infants.  They  alone  can  rectify  public  opinion  ; 
they  alone  can  present  the  subject  in  such  a  manner  that  legis- 
lators can  exercise  their  powers  aright  in  the  preparation  of  suit- 
able laws ;  that  moralists  and  theologians  can  be  furnished  with 
facts  to  enforce  the  trufh  on  this  subject  upon  the  moral  sense  of 
the  community,  so  that  not  only  may  the  crime  of  infanticide  be 
abolished,  but  that  criminal  abortion  be  properly  reprehended, 
and  that  women,  in  every  rank  and  condition  of  life  may  be 
sensible  of  the  value  of  the  embryo  and  foetus,  and  of  the  high 
responsibility  which  rests  on  the  parents  of  every  unborn  infant. 

While  thus  advocating,  in  this  place,  the  importance  of  Obste- 


20 

trie  science,  as  bearing  on  the  welfare  of  women  and  of  children 
and  hence  on  the  best  interests  of  society;  while  presenting  my- 
self, as  an  advocate,  as  well  as  one  of  the  physical  guardians  of 
the  rights  of  infants,  it  is  with  no  ordinary  satisfaction  that  I  can 
survey  such  an  assemblage  of  intelligent  and  educated  young 
men  as  are  here  collected,  who  have  devoted  themselves  to  the 
pursuit  of  a  science  so  exalted,  so  noble,  so  useful  as  that  of 
medicine ;  who,  with  an  ardent  enthusiasm,  have  determined  to 
wage  a  war  of  extermination  against  any  and  every  opinion 
and  practice  which  in  any  degree  infringes  on  the  rights  of  women 
and  their  offspring. 

In  this  glorious  work  I  bid  you  prosper.  Your  rewards  may 
not  be  riches  and  honor,  but  they  will  be  more  valuable  and 
enduring,  arising  from  the  smiles  of  an  approving  conscience,  and 
the  blessing  of  that  Being  who  has  pronounced  the  severest  curse 
on  the  crime  of  murder.